Skip to main content
In Division of Marital Assets

Dividing Child-Related Tax Breaks After Divorce

Tax breaks can help reduce the financial burden of raising children.  Some – although not all – of these tax breaks can be divided between the parents after a divorce, which in turn can increase the net funds available to support the children.  Here is how this works.

Preliminary Requirements for Dividing Tax Breaks Between Parents

There are four preliminary requirements parents must meet before they can split the tax breaks for a child:

  1. The parents must be divorced or legally separated, or must have lived apart at all times for the last six months of the year;
  2. The parents separately or together must have provided more than half of the child’s total financial support;
  3. One or both parents must have custody during the year; and
  4. The custodial parent must have waived his or her right to claim the child as a dependent for that year, meaning that parent will not get the child’s exemption on their tax return.  For this waiver to be used, the custodial parent must sign IRS Form 8332, and the noncustodial parent must always attach a copy of the Form 8332 to his or her tax return for any tax year that he or she relies on the waiver. Continue Reading
In Division of Marital Assets

Military Benefits Owed by a Non-Military Spouse in a California Divorce

A military divorce is uniquely complicated, in part because there are specific laws that determine what military benefits can be claimed by a nonmilitary ex-spouse of a service member.  If you or your spouse is in the military and are considering divorce, here is what you should know about the nonmilitary spouse’s benefit rights following the divorce.

Summary of Unique Military Benefits

If the nonmilitary ex-spouse of a service member meets all the required conditions, he or she may be entitled to military benefits that include: Continue Reading

In Divorce

Getting Temporary Emergency Orders in San Diego Divorce and Family Law Cases

If you have a divorce or other family law case pending in a San Diego court, there’s a difference between getting a temporary order and an emergency order.  Temporary orders are common, and these are usually orders that a court makes after a hearing with all parties.  But sometimes one side may ask the court to make an order immediately—without notifying the other side and without a hearing.  This is called an “ex parte” order, and they’re not granted in the typical divorce or child custody case.  Continue Reading

In Child Support

Navigating the California Courts to Collect Unpaid Support

When a couple divorces, one spouse is often required to pay money to support the children (child support) and/or the other spouse (spousal support or alimony).  Unfortunately, getting an award for support and collecting it are two different things entirely.

It’s up to the spouse receiving the money to make sure that the money is being paid and to take action if it is not.  Courts in California will not step in automatically.  If your ex-spouse isn’t paying, then you or your attorney can ask the court to deduct support payments from their paycheck; this is called “wage garnishment.” Continue Reading

In Domestic Partnerships

Domestic Partnerships in California

People living in California are well aware of the ongoing controversy surrounding Proposition 8, the ballot measure seeking to ban gay marriage, which was passed in 2008 and subsequently upheld by the California Supreme Court.  However, in August 2010, a federal judge ruled that Proposition 8 violates the U.S. Constitution’s guarantees of due process and equal protection.  The controversy is likely to go on for some time, as the case is expected to reach the United States Supreme Court.
Continue Reading

In Child Support

Child Support Obligations in California

It was recently reported that former San Diego Chargers cornerback Antonio Cromartie was $25,000 behind on child support obligations.  One of the mothers of Cromartie’s children filed a document with the court that prevented him from selling any property without first being current on his child support.  Cromartie has since caught up on his obligations after being traded to the New York Jets and receiving a $500,000 advance on his contract.

It is now more expensive than ever to raise a child.  The cost of raising a child from birth to the age of 18 is estimated to range from $180,000-$250,000.  As a child gets older, the expenses rise.  Older children are often involved in extra-curricular activities like music, dance, or sports.  If parents wish to pay for a child’s college education, this can easily add another $50,000 in expenses. Continue Reading

In Divorce

Divorce and Facebook: Could You Be Hurting Your Own Case?

Do you know who’s looking at your Facebook page?  Most people know that potential employers often check out your Facebook or MySpace profile before hiring you.  But, this is also an important consideration if you’re going through a divorce.  Your social media accounts (such as Facebook, MySpace, Twitter, YouTube, or LinkedIn) could contain a mountain of evidence that your soon-to-be ex spouse might use against you in court.

The use of online evidence in divorce cases has become so common that Time magazine recently featured an article about Facebook and divorce.  It has been reported by the American Academy of Matrimonial Lawyers that over the last five years, 81% of its divorce attorneys have dealt with evidence obtained from social networking websites.  When someone is going through a divorce, these websites can serve as an outlet to express their feelings of anger, hurt, or disappointment.  But sometimes, a person’s online posts may come back to haunt them. Continue Reading